How Do I Get Unpaid Rent for an Abandoned Mobile Home in Georgia?
Full Question:
Answer:
It may be possible to petition the court for a distress warrant in the superior court, the state court, the civil court, or the magistrate court within the county where the tenant may reside or where his property may be found. We suggest calling city hall to inquire if any local abandoned mobile home ordinances exist.
Please see the following GA statutes:
44-7-73. In an action for nonpayment of rent, the tenant shall be allowed
to. . . .
In an action for nonpayment of rent, the tenant shall be allowed to
tender to the landlord, within seven days of the day the tenant was
served with the summons pursuant to Code Section 44-7-72, all rents
allegedly owed plus the cost of the distress warrant. Such a tender
shall be a complete defense to the action.
44-7-71. When rent is due or the tenant is seeking to remove his property,
the. . . .
When rent is due or the tenant is seeking to remove his property, the
landlord, his agent, his attorney in fact, or his attorney at law
may, upon a statement of the facts under oath, apply for a distress
warrant before the judge of the superior court, the state court, the
civil court, or the magistrate court within the county where the
tenant may reside or where his property may be found.
44-7-72. When the affidavit provided for in Code Section 44-7-71 is made,
the. . . .
When the affidavit provided for in Code Section 44-7-71 is made, the
judge of the superior court, the state court, the civil court, or the
magistrate court before whom it was made shall grant and issue a
summons to the marshal or the sheriff or his deputy of the county
where the tenant resides or where his property may be found. A copy
of the summons and the affidavit shall be personally served upon the
defendant. If an officer is unable to serve the defendant personally,
service may be given by delivering the summons and affidavit to any
person who is sui juris residing on the premises. The summons served
on the defendant pursuant to this Code section shall command and
require the tenant to appear at a hearing on a day certain not less
than five nor more than seven days from the date of actual service.
44-7-80. The landlord's lien for his rent shall attach from the time that
the. . . .
The landlord's lien for his rent shall attach from the time that the
affidavit is made pursuant to Code Section 44-7-71; but it shall take
precedence over no lien of older date except as to the crop raised on
the premises
44-7-1. (a) The relationship of landlord and tenant is created when the
owner. . . .
(a) The relationship of landlord and tenant is created when the owner
of real estate grants to another person, who accepts such grant, the
right simply to possess and enjoy the use of such real estate either
for a fixed time or at the will of the grantor. In such a case, no
estate passes out of the landlord and the tenant has only a usufruct
which may not be conveyed except by the landlord's consent and which
is not subject to levy and sale.
(b) All renting or leasing of real estate for a period of time less
than five years shall be held to convey only the right to possess and
enjoy such real estate, to pass no estate out of the landlord, and to
give only the usufruct unless the contrary is agreed upon by the
parties to the contract and is so stated in the contract.
44-7-55. (a) If, on the trial of the case, the judgment is against the
tenant,. . . .
(a) If, on the trial of the case, the judgment is against the tenant,
judgment shall be entered against the tenant for all rents due and for
any other claim relating to the dispute. The court shall issue a writ of
possession, both of execution for the judgment amount and a writ to be
effective at the expiration of seven days after the date such judgment
was entered, except as otherwise provided in Code Section 44-7-56.
(b) If the judgment is for the tenant, he shall be entitled to remain in
the premises and the landlord shall be liable for all foreseeable
damages shown to have been caused by his wrongful conduct. Any funds
remaining in the registry of the court shall be distributed to the
parties in accordance with the judgment of the court.
(c) Any writ of possession issued pursuant to this article shall
authorize the removal of the tenant or his or her personal property or
both from the premises and permit the placement of such personal
property on some portion of the landlord's property or on other property
as may be designated by the landlord and as may be approved by the
executing officer; provided, however, that the landlord shall not be a
bailee of such personal property and shall owe no duty to the tenant
regarding such personal property. After execution of the writ, such
property shall be regarded as abandoned.